Vt. R. Bar Adm. 7

As amended through October 8, 2024

Rule 7 - The Law Office Study Program

(a)Definition. "Law Office Study Program" (or "LOS Program") means apprenticing for the prescribed term under the supervision of a judge or an attorney who practices in Vermont and has been admitted to practice before this Court not less than 3 years prior to the Registrant's commencement of the apprenticeship.

(b)Requirements for Study. The purpose of the LOS Program is to prepare a Registrant to engage in the general practice of law. To ensure this purpose is met:

(1) a Registrant must carefully arrange with the supervising judge or attorney a systematic course of study to prepare the Registrant for the general practice of law, including, but not limited to, the subjects tested on the Uniform Bar Examination and related Vermont law; and

(2) a supervising judge or attorney may, and is encouraged to, enlist the assistance of other judges and attorneys to provide the greatest breadth of experience and instruction to the Registrant.

(c)Minimum Education Requirements for an LOS Program Registrant. Prior to enrollment in the LOS Program, a Registrant must have earned a bachelor's degree from an institution of higher education whose' accreditor has been approved by the U.S. Department of Education This requirement may also be satisfied if the Registrant has earned an undergraduate degree in a foreign jurisdiction and can establish that the degree is equivalent to a bachelor's degree from an institution of higher education whose accreditor has been approved by the U.S. Department of Education.

(d)Measurement of Study. Study under the supervision of a judge or an attorney is measured as follows:

(1) A week of study consists of (A) not less than 25 hours of study during a period of 7 consecutive days, or (B) not less than 30 hours of study during a period of 14 consecutive days; and

(2) A year of study consists of 12 calendar months during which not less than 44 weeks of study were pursued.

(e)Term of Study; Credit Awarded Towards Term. The LOS Program requires four years of approved study. Subject to Court approval, the Board has discretion to award a Registrant partial credit for up to 2 years towards the 4-year term based on a Registrant's prior legal study, if the Registrant demonstrates to the Board's satisfaction that the prior study:

(1) satisfies the purpose of the LOS Program;

(2) is recent and not stale; and

(3) was acquired:

(A) from an Approved or non-Approved Law School, whether or not the Applicant has graduated;

(B) from a program in another U.S. jurisdiction, which the Registrant can demonstrate is substantially equivalent to the LOS Program; or

(C) through the study of law in a foreign, common-law jurisdiction if the Applicant has been admitted to the practice of law before a court of general jurisdiction.

(f)Reporting Requirements. The Registrant is responsible for satisfying all reporting requirements. The Registrant must comply with all deadlines and submit all required notices, certificates, and reports/affidavits to the Board on Board-approved forms.

(1)Commencement Notice. The Registrant must file the commencement notice within 30 days after beginning the LOS Program or changing offices where he or she is pursuing the LOS Program. The commencement notice must include:

(A) the date that study began;

(B) the judge's or attorney's representation that he or she has personally investigated the moral character and fitness of the Registrant, and, that to the best of his or her knowledge, the Registrant, at the time of commencement, meets the requirements of good moral character and fitness; and

(C) the supervising judge's or attorney's certification.

(2)Six-Month Report.

(A) General Requirements. Each report must be:

(i) in the form of an affidavit;

(ii) filed with the Board within 30 days of the expiration of the current, six-month study period;

(iii) signed by the Registrant/affiant; and

(iv) accompanied by the supervising judge's or attorney's certification that to the best of his or her knowledge, the report is accurate.

(B) Contents. Each report must:

(i) include the number of weeks dedicated to study under the LOS Program;

(ii) describe in detail the areas of study pursued, the tasks performed, and any other relevant study or work completed during the reporting period; and

(iii) outline the Registrant's plan of study for the next reporting period.

(3)Completion Notice. Within 30 days of completing the LOS Program, and together with the required six-month report, the Registrant must file with the Board a signed completion notice.

(4)Failure to Timely Report. In the Board's discretion, a Registrant's failure to timely file any notice, certificate, or report required may result in the withholding of credit for study, disqualification to take the bar examination, and/or disqualification to be admitted.

(5)Extensions. For good cause, the Board may extend by up to 60 days the period to file any notice, certificate, or report.

(6)Review of Six-Month Reports. An Examiner will review the Registrant's report and may forward the report to the Board for further review. The Registrant may be required to provide additional information to support a report. The Board will notify the Registrant within 60 days whether the report has been approved for credit or disapproved.

(7)Deemed Approval. Commencement notices, six-month reports, and completion notices that are timely filed will be deemed approved unless the Board notifies the Registrant in writing within 60 days of submission that the notice or report is disapproved or that further review is pending.

Vt. R. Bar Adm. 7

Effective 4/18/2016; amended June 13, 2018, effective 8/13/2018; amended January 1, 2021, eff. 3/8/2021.

Board's Notes

The rule is drawn from the prior rules §§ 6(g), (j), (k), (l), (m) and 8.

The requirements of the Law Office Study Program are now set forth in a single rule. The new rule consistently uses the terms Law Office Study or "LOS" as an appropriate description of the program, and the term "Registrant" to describe participants in the program. The term "clerkship" is no longer used for this program.

While formerly a Registrant was required to have completed three-fourths of the work required for a bachelor's degree, Registrants are now required to have a bachelor's degree. Registrants already in the program do not have to meet this new requirement, although the new rule will apply if a current Registrant leaves and then reapplies to the program. The new rule also directs Registrants to study the subjects tested on the Uniform Bar Examination, as well as related Vermont law.

Prior rules § 6(I) provided the Board had discretion to "allow an applicant partial credit for study which does not meet with the minimum requirements prescribed by this section as the Board shall deem just and equitable." Because § 6 addressed several types of prescribed study, and § 6(j) provided certain limited options for credit for the Law Office Study Program, the scope of § 6(I) was not entirely clear. The provisions of new Rule 7(e) (drawn from § 6(j) ) set forth the recognized bases for granting credit toward the four-year term for the Law Office Study Program. The requirement that the study be recent and not stale is new, but reflects consistent Board practice in considering requests for credit under § 6(j). The catch-all provision of § 6(I) is not included in the new rule.

Board's Notes-2018 Amendment

Rule 7(c) is revised to allow for all institutions of higher education whose accreditor has been approved by the U.S. Department of Education (DOE) to satisfy the LOS educational requirement. Rule 7(c) is also revised to allow an applicant with an undergraduate degi-ee from a foreign jurisdiction to satisfy that requirement, provided the applicant can establish that such degree is equivalent to a bachelor's degi-ee from a DOE-approved institution. This latter change aligns the rule with Rule 8 (b), which allows an applicant with a J.D. from a foreign law school to satisfy the Rule 8 educational requirements if the applicant can establish that the J.D. is equivalent to that from an ABA-approved law school within the United States.

Board's Notes-2021 Amendment

Rule 7(f) is amended to remove the requirement in former 7(f)(2)(A)(v) that Law Office Study registrants submit their six-month reports in duplicate, as this is no longer administratively necessary and places a burden on registrants.